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Appeal Decision Appeal Decision Inquiry held on 20-23 November 2018 Site visits made on 19 and 23 November 2018 by H Baugh-Jones BA(Hons) DipLA MA CMLI an Inspector appointed by the Secretary of State Decision date: 25th January 2019 Appeal Ref: APP/P3420/W/18/3199376 Gravel Bank, Mucklestone Road, Loggerheads, Newcastle-under-Lyme TF9 4DJ The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. The appeal is made by Muller Property Group against the decision of Newcastle-Under- Lyme Borough Council. The application Ref 17/00787/OUT, dated 20 September 2017, was refused by notice dated 5 January 2018. The development proposed is residential development and access, all other matters reserved. Decision 1. The appeal is dismissed. Procedural Matters 2. A land ownership issue resulted in a revision to the submitted red line plan prior to the Inquiry. The application boundary now omits a small area of land next to the south-easternmost corner of the site The Council confirmed that it did not oppose the plan revision. However, the appellant undertook a consultation exercise on the amended plan which yielded no responses from interested parties. Whilst this matter is not determinative, I have taken the latest iteration of this plan into account in the interests of precision. 3. The applicationRichborough is in outline with only access Estatesto be considered at this stage. At the Inquiry, it was confirmed that with the exception of the Site Location Plan (Drawing No 513 001 revision A) and Proposed Site Access (Drawing No SCP 17282/F02 Rev A), all other plans are for illustrative purposes only. However, a masterplan forming part of the overall application submission shows how the site might be developed and the general ratio of built-up area to open space. I have had regard to this and other illustrative material in determining the appeal. 4. A completed planning obligation by way of a Unilateral Undertaking (UU) under Section 106 of the Town and Country Planning Act (S106) has been provided. The obligations provide for affordable housing, the provision and management of open space and contributions to education and travel. 5. Since the Inquiry took place, the Loggerheads Neighbourhood Plan (LNP) has passed through referendum stage with around 91% of voters in favour of it https://www.gov.uk/planning-inspectorate Appeal Decision APP/P3420/W/18/3199376 being used to decide planning applications. Consequently, the LNP now forms part of the development plan. Main Issues 6. With the provision of the UU, the Council did not seek to defend refusal reasons 3, 4, 5 and 6 (as given on its decision notice). Accordingly, from all that I have read, heard and seen the main issues are: Whether the proposal would accord with the development plan strategy for the location of housing including having regard to (i) its effects on the character and appearance of the area; and (ii) whether it would provide satisfactory access to shops and services with particular regard to the availability of sustainable transport modes; Whether there are any other material considerations that would indicate that the proposals should be determined other than in accordance with the development plan. Reasons Development Plan Strategy for the location of housing Planning policy context 7. The development plan for the area includes the saved policies of the Newcastle–under-Lyme Local Plan (2003) (NuLLP), the Newcastle–under-Lyme and Stoke-on-Trent Core Spatial Strategy (2009) (CSS) and the LNP. 8. Saved NuLLP policy H1 directs new development to sustainable locations and seeks to protect the countryside. Policy ASP6 of the CS sets out a spatial policy for rural areas. It indicates that there will be a maximum of 900 net additional dwellings primarily located on sustainable brownfield land within the village envelopes of the key rural service centres, including Loggerheads, to meet identified local requirements and in particular the need for affordable housing. The appeal site lies outside of the clearly recognisable village envelope and the proposal therefore conflicts with policies H1 and ASP6. 9. The Council accepts that policies H1 and ASP6 are out-of-date although it is common ground between the parties that the proposal would run counter to them. The villageRichborough envelopes referred to in these Estates policies were defined in the context of a local plan that was not intended to meet housing needs beyond 2011. Moreover, the limit of 900 dwellings in policy ASP6 is not based on an up-to-date assessment of housing needs and is at odds with Framework that reflects the Government’s objective of significantly boosting the supply of homes. For these reasons, I give policies H1 and ASP6 limited weight1. 10. The LNP defines the village envelope of Loggerheads within which policy G1 supports new housing development. Outside the village envelope, other housing development is permitted where it would meet certain criteria. None of these apply to the proposed development which therefore conflicts with LNP policy G1 and this was accepted by the appellant2. 1 This is also the conclusion reached by the Inspector in the Tadgedale Quarry appeal albeit that decision was taken in the context of an agreed shortfall in the Council’s five year housing land supply at that time (ref APP/P3420/W/16/3149399) 2 Through the evidence of Mr Downes https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/P3420/W/18/3199376 Character and appearance 11. The appeal site comprises a broad, roughly rectangular parcel of land currently occupied by a detached dwelling, its separate garaging and a number of other large buildings. This built development is concentrated in the south-western corner of the site and there are substantial areas of hardstanding within and immediately to the north of it. The remainder of the site comprises a field which rises gently up to the boundary with the neighbouring Tadegdale Quarry site. 12. Saved NuLLP policy N19 is one of a series of policies that have been framed to reflect the work done by Staffordshire County Council in partnership with the then Countryside Commission in categorising the landscapes of the county. These are contained in a Supplementary Planning Guidance Document (SPG) – Planning for Landscape Change (2000) 3. For SPG landscape policy objective purposes, the appeal site falls within the Landscape Maintenance category. Accordingly, saved policy N19 seeks to maintain the high quality and characteristic landscapes within this category and development will be expected to contribute to the SPG-derived objective. The policy goes on to say that it will be necessary to demonstrate that development will not erode the character or harm the quality of the landscape. 13. The area around and including the site has the distinctive character of an undulating valley landscape and outside the built confines of Loggerheads and the nearby village of Mucklestone, it is sparsely developed. The site is separated from Tadgedale Quarry by a boundary hedgerow of non-native Cypress. Nevertheless, whilst it is a feature more characteristic of urban areas, this vegetation only serves to amplify the change in character between the developed and disrupted landscape within the quarry site and the pastoral landscape beyond. 14. The site clearly reads as part of the wider rural valley landscape in views from along Mucklestone Road, Rock Lane to the north and also further away from along the A53 to the south. It forms a key component of the valley landscape below a more pronounced area of higher land within and around Loggerheads. The appeal site shares a greater affinity with the pastoral, verdant and mostly undeveloped landscape than to the quarry site or the built-up area. 15. In the aforementioned views from Rock lane, there is a farm complex in the foreground beyondRichborough which the site and its buildings Estates are also clearly visible. The grouping of buildings on the appeal site and their overall scale, design and materials gives them much the same appearance as those within the neighbouring farm complex and there are no clear distinguishing features to mark them out as an industrial complex. The casual observer would take them to be agricultural buildings and the site therefore has the semblance of a complex of farm buildings set within a rural landscape. 16. Whilst the landscape in this area is not afforded any statutory protection or considered to be a valued landscape for the purposes of the Framework, it is nonetheless an attractive landscape as a result of the landform, mature trees and hedgerows. 3 Core Document A9 https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/P3420/W/18/3199376 17. My findings here accord with those in the Planning for Landscape Change SPG. As already mentioned, the policy objective for this landscape is one of landscape maintenance, which is the second highest category on the quality scale in the SPG. I acknowledge that the SPG is now of some age. However, many of the features that contribute to the assessment of quality within the SPG are still found within this landscape. Whilst the appellant disputes the SPG’s value because of its age, there is no clear indication ‘on the ground’ that the character of the landscape has markedly changed in the time since the SPG’s publication. Notably also, the SPG states that the wider surrounding landscape to the south, east and west is an area of highest landscape sensitivity. All of this chimes with my own observations. 18. Where the SPG objective is one of landscape maintenance, it says that substantial emphasis should be placed on ensuring the development blends unobtrusively into the landscape and does not lead to the loss of features characteristic of it.
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